Overland Park, KS asked in Business Formation and Immigration Law for Kansas

Q: Can I sue a business for being ran illegally by an illegal immigrant

Ran a beauty pageant that over charges people for “fees” no contracts all non taxed money he pulls in .

1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: How will you prove that this person is unlawfully present? A person’s ethnicity is no indication as to whether the person possesses lawful permanent resident status. A lawful permanent resident is not required to learn English, but it certainly helps a business if the owner speaks more than English. This really isn’t important, here.

How can you prove that the person doesn’t pay taxes? Many people deposit cash into bank accounts, even if they are foreign born. Again, this is a distraction and equally unimportant.

The issue is whether the individual was ‘not’ fulfilling the benefit of the bargain. What were the services given to contestants? Was work provided in exchange for money? Only one contestant wins a beauty pageant.

Was there something questionable about the pageant? Does it matter? That is a contract question. A contract can be an oral agreement. It is easier to prove a written agreement, because the terms are in writing and if violated, it is easier to prove your claim for a refund.

It seems like you are unhappy with the services provided by this person. You should consider the better business bureau as a possible arbitrator if the amount is not enough to justify filing and preparing a legal complaint in small claims court. You can also check with the district attorney, but the issue is whether there is actual evidence of fraud.

There is a time limit , that is a deadline in each state for filing such a lawsuit. You must decide whether it’s worth it.

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